BENEFICIAL COMMERCIAL CORP. v. COTTRELL

No. 83-343.

688 P.2d 1254 (1984)

BENEFICIAL COMMERCIAL CORPORATION, Plaintiff and Respondent, v. James E. COTTRELL and Madeline Cottrell, Defendants and Appellants.

Supreme Court of Montana.

Decided October 12, 1984.


Attorney(s) appearing for the Case

Smith Law Firm, Charles A. Smith, Helena, for defendants and appellants.

Hull & Sherlock, Helena, for plaintiff and respondent.


SHEA, Justice.

Defendants, James and Madeline Cottrell, who leased from plaintiff, Beneficial Commercial Corporation, a large offset printing press, appeal a summary judgment entered against them in Lewis and Clark County District Court, the effect of which made them liable for a lump-sum lease payment in the amount of $9,351.60. We reverse on the ground that the transaction involved was actually a sales agreement and that a genuine issue of fact exists under sections...

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